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HomeMy WebLinkAbout1979-06-05; City Council; 5342-1; Coastal Commission response to City's LCPCITY OF CARLSBAD AGENDA BILL NO: DATE: June 5 , 1979 DEPARTMENT:Planning Initial Dept. Hd. Cty. Atty Cty. Mgr. SUBJECT:• COASTAL COMMISSION RESPONSE TO CITY'S LCP PREPARATION REQUEST (Excluding Agua Hedionda) • . Statement of the Matter Response to the Council's request for Coastal Commission preparation of the LCP (excluding Agua Hedionda) has been .received. The Executive Director of the Commission proposes certain direction to the City. A copy of Executive Director Fischer's letter and a staff analysis are attached. " The City Council's action to request Commission preparation of the LCP was taken on December 19, 1978. A letter of transmittal was sent to Mr. Fischer on December 21, 1978. - • Exhibits . . • Letter from Mayor Packard to Mr. Fischer, dated December 21, 1978. Letter from Mr. Fischer to Planning Director, dated April 5, 1979 Memo to Paul Bussey from Planning Director including analysis of Mr. Fischer's April 5 response - * ^ '* • Recommendation • • Staff recommends that -the Council reconfirm it's. December 19, 1978, action, and direct staff to prepare a response as outlined- in numbers 1 through 4 contained in the attached staff analysis. •'• ' TCH:jd , • Council Action: 6-5-79 It was the consensus of Council not to reconsider its previous decjsion that the City not develop its own LCP. Council also agreed that they would request that -the matter of funding for the "LCP be included as part of the meeting with .the Coastal Commission represent!" ve , with the" subcommi ttee, Mayor Packard and Councilwoman Casler to report back on the matter. Council agreed that it should participate in the selection of a consultant topreparetheLCP. Council agreed that it should participate in the monitoring of the consultant's progress in the preparation of the LCP. * -. * Council determined that it should reserve implementation until after the LCP has been certified. • • . . . 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008- TELEPHONE? 1714) 723418t Citp of Cartefcafc December 21, 1978 Mr. Michael Fischer, Executive Director California Coastal Commission . ; 631 Howard Street . \ .... . San Francisco, California .94105 Dear Mr. Fischer: • • On December 19, 1978, the Carlsbad City Council, by a unani- mous vote, acted to request the California Coastal Commission. to prepare the local coastal program for the City (excluding the Agua Hedionda LCP segment) . This communication serves as the official transmittal of the request pursuant to Chapter 6, •Article 1, Section 30500(a) of the California Coastal Act of 1976. The City fully intends to participate in the planning"process. Our Planning Staff will supply any available information to you on request. Please direct communication regarding the LCP to James Hagaman, Planning Director. '-.'-''•'.• . '/ • V •• '•: .v';-. '; '. '• 'Sincerely, . :-'-.--:. •-.': , RONALD PACKARD Mayor Thomas Crandall, Executive Director San Diego Coast Regional Commission Paul Zucker, Assistant Chief Administrative Officer IPO Paul Graham, Mayor Oceanside State of California, Edmund G. Br-Awn Jr., Governor California Coastal Commission 631 Howard Street 4th floor San Francisco, California 94105 (415) 543-8555 CEIVED April 5, 1979 APR CITY OF CARLSBAD Planning Department Mr. James C. Hagaman, Planning Director City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Jim: • This letter is to acknowledge receipt of your City's request that the Commission prepare a local coastal program for the City of Carlsbad pursuant to Section 30400 of the Coastal Act (excluding the Agua Hedionda Specific Plan area). While we would encourage you to reconsider your action on this matter, we are also willing to fulfill your request in order to assure preparation of the Local Coastal Program for the Ctty of. Carlsbad in a timely fashion. We appreciate your offer of cooperation with the Commission in this endeavor. Due to our own staffing limitations, it is now our intention to contract work on the land use plan out to a consultant. In this regard, we would very much appreciate your participation in the consultant selection process, and would also hope that you would choose to be closely involved in the monitoring of the consultant's progress. It is our intent to provide funding to the City to accomplish this monitoring task. Once the land use plan is completed and approved by the City, we hope the City would be interested is- resuming responsibility for preparation of the implementation ordinances. We will seek reconfirmation of your City Council request that the Commission prepare its LCP before the final decision to select a consultant is made because it is still our hope that the City would reconsider its action on the matter. In light of a recent reappraisal of our funding situation, we will be able to provide an augmentation to the work program which was approved by the Commission on September 20, 1978 for preparation of a land use plan. We will be processing this augmentation as soon as possible so an RFP can be prepared for distribution. We will, of course, be in further contact with you on this matter before the augmentation is brought to the Commission for approval. I hope this procedure will be satisfactory to the City. If the City continues to v/ant the Commission to prepare its LCP, we look forward to working with James C. Hagaman Page 2 April 5, 1979 you on selection of a consultant once the task of preparing the City's LCP has begun. If you have any questions on this master, please feel- free to contact either Mike Kennedy at our San Diego Coast Regional Commission office, or Alan Friedman at our State Commission officer Sincerely vours, MICHAEL L7 FISCHER Executivs Director aw cc:Tom Crandall, San Diego Coast Regional Commission Mike Kennedy, SDCRC MEMORANDUM DATE: May 15, 1979 TO: Paul Bussey, City Manager FROM: James C. Hagaman, Planning Director ^~ " SUBJECT: COASTAL COMMISSION RESPONSE TO CITY'S LCP PREPARATION REQUEST We have received written response from the Executive Director of the Coastal Commission confirming receipt of the City's request (see attached letter from Mr. Fischer of 4/5/79). The City Council acted to request the Coastal Commission to prepare the LCP on December 19th, 1978. A letter of transmittal was sent to Mr. Fischer on December 21st, 1978 (see attached). In his letter of response, Mr. Fischer encourages certain City actions and participation; briefly outlined, they are: 1. Reconsider Council action and elect to develop LCP in-house, if no; 2. Participate in consultant selection; 3. Participate in monitoring of consultant's progress; 4. Prepare implementation plan once land use plan is complete. In response to the four requests by Mr. Fisher, the Planning Department makes the following observations. 1. Staff does not feel circumstances have changed since the Council made their December 19th, 1978, decision. In addi- tion, staff is concerned about the lack of time in regard to the July 1st, 1981, processing deadline. If the City elected to reconsider and pursue the LCP, it is doubtful that the total plan could be processed by 1981. The City reassum- ing the responsibility to prepare the plan may require an extended deadline. 2. Staff is not convinced that participation in consultant selection would provide the City any positive benefits. The Council has expressed a desire to maintain a responsive role in the LCP process. If the City became linked to a consult- ant through endorsement to hire, the ability to retain this responsive role could be restricted. For example, if the MEMORANDUM - Paul Bussey May 15, 1979 Page Two City disagreed with some or all of the final product, its position to critique would be stronger if there were no "up-front" consultant commitments. It is important however, that the City closely monitor the progress of the consultant selection process. 3. Staff feels that active participation in the planning process itself is essential. Working with the Coastal Commission staff and consultant should be a high priority as well as monitoring the entire LCP process. 4. It would be wise to reserve commitment on this request until later in the land use plan phase. Before the implementation phase can begin both the City and the Commission must agree on and adopt a land use plan. Prior to the City committing its effort to implement a plan, a more firm idea as to what form the plan will take is important. Mr. Fischer also indicates that the Commission will seek reconfirma- tion of the Council request of December 19th, prior to consultant selection. City staff suggests if the Council is still of the opinion to have the Coastal Commission prepare the remaining portion of the LCP, that staff be directed to draft a letter for the Mayor's signature confirming the City's position. JCHrTH:jd 5/15/79